Sponsor

Sponsor

St. Paul police adopt new guidelines ahead of RNC

(AP) - The St. Paul Police Department has adopted
new guidelines for investigating groups that exercise their
free-speech rights, but says the change isn't linked to the
upcoming Republican National Convention.

Civil liberties advocates say they're skeptical, given that
Police Chief John Harrington signed off on the policy just last
month.

Bruce Nestor, an attorney for anti-war groups organizing
protests for when the GOP gathers in downtown St. Paul Sept. 1-4,
the timing "clearly indicates" a connection.

"I'm not surprised by the policy, but I think it represents the
preparations of St. Paul police to be engaged in surveillance and
infiltration of groups that engage in First Amendment activity,"
Nestor said.

As first reported by the Star Tribune on Monday, the policy
governs when and how St. Paul police may investigate - and
infiltrate - groups or individuals that assert their freedom of
speech.

It says the department won't launch or participate in
investigations or information gathering against groups or
individuals based solely on their lawful exercise of their
constitutional rights.

It says any investigations into otherwise protected activities
"shall be based on an existing criminal predicate or the
reasonable suspicion that unlawful acts have occurred or may
occur."

The Democratic National Convention will be in Denver, Aug.
25-28. The Denver Police Department's operations manual doesn't
currently have a section similar to St. Paul's new policy.

A Denver
police spokeswoman, Detective Sharon Hahn, said in an e-mail that
"information is unavailable at this time" on whether her
department is planning one.

Doug Linkhart, a Denver City Council member and chairman of its
safety committee, said Denver police don't have a new policy in the
works as far as he knows. He said protest groups tried to get the
council to adopt a resolution last fall to ensure their freedom of
speech is protected, but it was never introduced.

St. Paul's policy does not specifically refer to the convention,
and department spokesman Tom Walsh said it was not timed to the
event. He said it was part of a revision of the department's entire
policy manual, something he said the department does periodically.

Walsh said the policy does not give investigators any authority
they didn't have before.

"We're not saying that we are infiltrating or investigating
groups," Walsh said. "What we have said from the beginning is
people who come to St. Paul to exercise their First Amendment
rights are welcome to do so. People who come here to commit illegal
acts will be arrested."

Walsh didn't rule out the possibility that St. Paul police might
travel outside the city if they're conducting an investigation
that's permitted under the policy.

"We're not going to limit our
ability to conduct investigations," he said.

Police in New York were criticized for sending undercover
officers around the U.S. and to Europe to monitor activists who
were planning protests at the 2004 Republican National Convention.
But Walsh said that's not what St. Paul has in mind.

"We've been saying from the very beginning that we are not
following the New York model," Walsh said.

Citing New York and other cases, Nestor did say St. Paul's
policy "appears to recognize some of the most outrageous abuses of
the past," noting that it bans undercover officers from deliberate
attempts to sow distrust between members of groups or from
advocating illegal activity.

But while the policy requires at least some evidence of plans
for unlawful activity for a group to be targeted, Nestor said that
activity could include something as simple as obstructing traffic,
blocking a sidewalk or trespassing.

Chuck Samuelson, executive director of the American Civil
Liberties Union of Minnesota, said he was concerned because the
department had been saying it had no intention of investigating
protest groups.

He said the department still might not have such
intentions, but it now has a written policy on how to do it.

Samuelson also expressed concern that that policy puts most
authority in the hands of the commander of the Department's Special
Investigations Unit and the police chief, with no requirement for
outside review.

If police are going to investigate a member of the mainstream
media, such as a reporter, under the policy they are required to
consult with a prosecuting attorney and comply with state and
federal shield laws.

But that leaves out new media, such as political bloggers, and
potentially even the ethnic press, said Jane Kirtley, a professor
of media law and ethics at the University of Minnesota. She said
it's not clear how police would draw the distinction between who's
mainstream and who's not.

"The First Amendment applies to anybody who's engaged in
expressive activity," Kirtley said.